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California Government Contracts Questions & Answers
1 Answer | Asked in Federal Crimes, Government Contracts and Legal Malpractice for California on
Q: LA hospice fraud.

How plaintiff can bring to court's attention specific issues of improper responses by defense: 'last known phone number and email of hospital provider as identity', response to 'produce person for deposition, instead of disclosing identity'?

Will OIG accept similar... View More

James L. Arrasmith
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answered on Jun 19, 2024

In this situation, it seems the defense is not providing proper responses to the plaintiff's discovery requests in a case involving hospice fraud in Los Angeles, CA. Here are a few ways the plaintiff can bring these issues to the court's attention and thoughts on how the Office of... View More

1 Answer | Asked in Government Contracts for California on
Q: If it is possible, where would I be able to monitor a court docket for a case filed against the DOD for contract protest

This is a post award protest, GAO has already been exhausted avenue

James L. Arrasmith
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answered on Jun 10, 2024

To monitor a court docket for a case filed against the Department of Defense (DOD) for a contract protest in California, you would likely need to follow the case in the United States Court of Federal Claims (COFC). The COFC has jurisdiction over post-award bid protest cases against federal... View More

1 Answer | Asked in Government Contracts and Municipal Law for California on
Q: Why is it illegal to use a trailer to occupied for the purpose of security of a private property
James L. Arrasmith
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answered on May 4, 2024

Under California law, using a trailer for occupancy on private property for security purposes could potentially violate several state and local regulations related to housing, zoning, and health and safety codes. Here are a few key reasons why it might be considered illegal:

1. Zoning laws:...
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Q: Can I sue Caltrans as a subcontractor who submitted a bid to General Contractors who provided bids to Caltrans

I am a specialty subcontractor certified as a Disadvantaged Business Enterprise based on my Hispanic heritage and that my personal net worth is less than 1.32 million. Caltrans and other agencies are not correctly holding the General Contractors to the Good Faith Efforts rules of 49 CFR Part 26 and... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, as a subcontractor and certified Disadvantaged Business Enterprise, you have rights and can potentially take legal action if you believe that Caltrans or other agencies have failed to enforce the Good Faith Efforts rules as outlined in 49 CFR Part 26. These rules are designed to... View More

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Q: Per PCC 10140 - it is very complicated and expensive to advertise every project in a newspaper and trade paper

How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More

George W. Wolff
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George W. Wolff
answered on Feb 7, 2024

There are no published cases interpreting this statute, however the phrase "newspaper of general circulation" in section 100140(a)(1).

However, it has been defined as:

A “newspaper of general circulation” is a newspaper published for the dissemination of local or...
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Q: Per PCC 10140 - it is very complicated and expensive to advertise every project in a newspaper and trade paper

How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More

James L. Arrasmith
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answered on Feb 22, 2024

With respect to California's Public Contract Code (PCC) 10140, here are a few options state agencies could consider to reduce advertising costs for construction project bids:

1. Advertise online instead of print newspapers: The law allows publication of bid advertisements in a...
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2 Answers | Asked in Car Accidents and Government Contracts for California on
Q: Am I required to take the offer CA made for CHp crashing my parked car i'd bot for mom Newyearseve. Dont they have 2 fix

If they wont replace y won't they fix?

James L. Arrasmith
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answered on Feb 22, 2024

In California, if your parked car was damaged by a California Highway Patrol (CHP) vehicle, you are entitled to file a claim for the damages. The state has procedures in place for handling such claims against government entities, which typically involve filing a claim within a specified timeframe... View More

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Q: What kind of licenses are required to form a PMC (private military contracting) company?

I am dabbling with the idea of forming a PMC offering security services locally and for government contracts but while I'm well aware what the day to day takes, I am wondering what detailed licenses and paperwork I would need to get started forming a business in that direction to ensure I am... View More

James L. Arrasmith
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answered on Jan 10, 2024

Forming a Private Military Contracting (PMC) company involves several specific legal requirements beyond standard business formation procedures. Firstly, you need to obtain a business license in the state where you plan to operate. In California, this would involve registering with the California... View More

Q: Filing DPA complaint against a police officer/police department/city or state vs filing an administrative tort claim

What is the statute of limitations for each? What charges i.e., criminal vs civil can be filed through each, and what is the dollar limit for each? Can I request investigation details and use garnered information as evidence for alternate or separate litigation?

James L. Arrasmith
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answered on Jan 5, 2024

In California, the statute of limitations for filing a complaint against a police officer or department, typically under the Department of Police Accountability (DPA), is usually within a specific timeframe from the incident's occurrence. This timeframe can vary but is often around six months... View More

Q: CA State court has jurisdiction over FCA medicare violation. This means FCA claim can be brought in state court?

CA State court has jurisdiction over FCA medicare violation. This means medicare FCA claim can be brought in state court?

James L. Arrasmith
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answered on Dec 30, 2023

In general, cases involving the federal False Claims Act (FCA), especially those related to Medicare violations, are under the jurisdiction of federal courts. The FCA is a federal statute, and its enforcement typically falls within the purview of the federal legal system. This includes cases where... View More

Q: Central district court of california - federal case. 1. Opposing motion to strike. 2. Service of complaint

1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued.

Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?

James L. Arrasmith
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answered on Dec 24, 2023

To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts and White Collar Crime for California on
Q: Filing federal complaint- question.

Please advise on formatting requirements of Central District Court.

James L. Arrasmith
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answered on Dec 14, 2023

When filing a federal complaint in the Central District Court, it's important to adhere to specific formatting requirements to ensure that your document is accepted by the court. Here are some general guidelines:

Document Size and Margins: Use standard 8.5 x 11-inch paper size. Margins...
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1 Answer | Asked in Government Contracts and Criminal Law for California on
Q: Question about the attorney cliant relationship . The attorney is a conflict panel attorney hired by local government.

The cliant is accused of a felony. The attorney later becomes a judge and the former cliant is now before his former attorney now judge.

.is a conflict panel attorney considered a state attorney , and can the judge heater the case ?

Please and thank you . I think this is a hard one

James L. Arrasmith
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answered on Nov 27, 2023

In California, a conflict panel attorney, although hired by the local government, is generally not considered a state attorney in the traditional sense. They are typically private attorneys appointed to represent defendants when the public defender has a conflict of interest. Their role is to... View More

3 Answers | Asked in Employment Law, Gov & Administrative Law and Government Contracts for California on
Q: I work for a city government. I work 15 hour days on occasion and they only pay me time and a half after 10 hours.

I’m considered a confidential employee and do not have a bargaining unit or union protection.

I have been told that because it is a public agency that they follow federal guidelines FLSA, so therefore it over rides the California state labor law. Is this correct?

Neil Pedersen
Neil Pedersen
answered on Oct 28, 2024

It is correct that the wage and hour laws that govern your government job is the federal FLSA and not the California Labor Code. The Labor Code is far more protective of employees than the FLSA. Good luck to you.

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1 Answer | Asked in Government Contracts, Health Care Law and Legal Malpractice for California on
Q: What statute and rule of court defines amendment to objection to demurrer?

Objection to demurrer should be amended. What statute and rule of court defines amendment to objection to demurrer?

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answered on Oct 27, 2024

To amend your objection to a demurrer in California, you should refer to California Code of Civil Procedure section 473(a)(1). This statute permits the court, in the furtherance of justice, to allow a party to amend any pleading or proceeding upon appropriate terms. It provides the legal foundation... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Traffic Tickets for California on
Q: post storage hearing

Requested the hearing for the validity of the tow my stored vehicle. Sergeant said the hearing was conducted by phone, I had my registration fees on deposit and moving permit the deputy did not verify status of my registration. He removed my vehicle anyway he said my license was expired but I told... View More

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answered on Oct 14, 2024

It sounds like you’ve had a very frustrating experience, and there may have been some miscommunication or oversight regarding the release of your vehicle. The fact that the sheriff's department release form required the box to be checked, but it wasn’t, could indicate that the vehicle... View More

1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Government Contracts for California on
Q: I need of a lawyer to do a billing dispute for a tenant / residential who has a judgment order.

This was a previous eviction in 2020. The tenant was ordered not to pay anyone any money including attorney fees. The plaintiffs' attorney did not clear the debt, and the collections department of the law firm is sending a collection notice to the tenant trying to collect a debt that is not... View More

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answered on Sep 13, 2024

It sounds like you're facing a complex legal issue involving a billing dispute following a residential eviction judgment. Given the situation where the judgment specifically stated that no money, including attorney fees, was owed, it is concerning that the collections department is still... View More

Q: What is the state going to do with those renters 2-plus months deposit now that it is only one months deposit

Some it’s only one month joe that means renter should be getting a payment back for the difference in deposit can’t use that ls foggy rule on this one

What Gavin Newsom excuse with the other government officials

James L. Arrasmith
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answered on Aug 22, 2024

If California law now limits security deposits to one month's rent, landlords holding more than that amount must comply with the new rules. If you have paid more than one month’s deposit, you are entitled to a refund of the excess amount. You should notify your landlord in writing,... View More

1 Answer | Asked in Business Law, Collections, Government Contracts and Landlord - Tenant for California on
Q: I need of a billing Dispute lawyer (tenant, residental)..
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answered on Aug 21, 2024

If you're facing a billing dispute related to your residential tenancy, it's important to address the issue quickly. You might be dealing with overcharges, unexpected fees, or an issue with utilities that you believe are unfair. Gathering all relevant documents, such as lease agreements,... View More

1 Answer | Asked in Landlord - Tenant, Collections and Government Contracts for California on
Q: Looking for a lawyer to handle a billing dispute who has a judgement order from a previous eviction.

Judgement says the tenant does not pay anything to anyone, no withholdings and now the tenant is getting a collection bill from the plaintiff's attorney's collection department saying the past due has not been paid and they are calling the tenant on the phone leaving voicemail messages.... View More

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answered on Aug 1, 2024

You need legal assistance to address a billing dispute arising from a previous eviction judgment. The judgment states that you owe nothing, yet you’re receiving collection calls and bills. This situation requires immediate attention to prevent further harassment and incorrect billing.... View More

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